Ex Parte Stephenson - Page 1



                       The opinion in support of the decision being entered today                          
                                  is not binding precedent of the Board.                                   
                                                                                                          
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                           
                                               __________                                                  
                             BEFORE THE BOARD OF PATENT APPEALS                                            
                                        AND INTERFERENCES                                                  
                                               __________                                                  
                                     Ex parte GARY STEPHENSON                                              
                                               __________                                                  
                                            Appeal 2007-4245                                               
                                         Application 09/489,3101                                           
                                              ___________                                                  
                                      Decided:  26 September 2007                                          
                                              ___________                                                  
               Before ADRIENE LEPIANE HANLON, RICHARD TORCZON, and                                         
               MICHAEL P. TIERNEY, Administrative Patent Judges.                                           
               HANLON, Administrative Patent Judge.                                                        
                                        DECISION ON APPEAL                                                 
                      A. STATEMENT OF CASE                                                                 
                      Appellant appeals under 35 U.S.C.  134 from a final rejection of                    
               claims 23-31.  We have jurisdiction under 35 U.S.C.  6(b).                                 
                      The Appellant’s invention is directed to a method of treating dental                 
               erosion comprising orally administering to a mammal in need thereof a                       
               beverage composition having a pH of less than about 5 wherein the beverage                  
               composition comprises a polyphosphate compound.                                             
                                                                                                          
               1 The real party in interest is The Procter & Gamble Company.                               



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